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ARCHIVED - SIMA - Notice of Conclusion of Re-investigation of certain copper pipe fittings from the United States of America, the Republic of Korea and the People's Republic of China

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This notice advises that, on May 30, 2014, the Canada Border Services Agency (CBSA) concluded a re-investigation of the normal values and export prices of certain copper pipe fittings originating in or exported from the United States of America, the Republic of Korea and the People’s Republic of China and the amounts of subsidy of certain copper pipe fittings originating in or exported from the People’s Republic of China. Normal values, export prices and the amounts of subsidy of subject goods are determined pursuant to the Special Import Measures Act (SIMA).

This re-investigation was initiated on January 15, 2014, as part of the CBSA’s enforcement of the findings made by the Canadian International Trade Tribunal on February 19, 2007, and continued, without amendment, by orders dated February 17, 2012.

The subject goods are described in Appendix 1 and are normally classified under the listed ten-digit Harmonized System classification numbers contained in Appendix 1. Additional product information explaining which products are subject to duties and which products are not subject to duties is also provided in the appendix.

At the initiation of the re-investigation, the CBSA sent Requests for Information to exporters to obtain information on subsidies and the costs and selling prices of subject goods and like goods. Specific normal values and amounts of subsidies for future shipments have been determined for all exporters that provided a complete submission.

Exporters that have received normal values:

United States of America

Elkhart Products Corporation
Mueller Industries Inc.
Nibco Inc.

Republic of Korea

Jungwoo Metal Ind. Co., Ltd.

People’s Republic of China

Zhuji City Howhi Air Conditioners Made Co., Ltd.

Where sufficient information was not available to determine a specific normal value, normal values for future shipments have been determined by ministerial specification, which is calculated by advancing the export price of the goods by 242%. For all exporters of subject goods not listed above, normal values will be determined by this ministerial specification.

Exporters that have received specific amounts of subsidy:

People’s Republic of China

Zhuji City Howhi Air Conditioners Made Co., Ltd.

For all other exporters of subject goods from the People’s Republic of China, the amount of subsidy will be determined in accordance with a ministerial specification, and is equal to 17.73 Chinese Renminbi per kilogram.

Normal values and amounts of subsidy will be effective for the subject goods released from the CBSA on or after May 30, 2014. All normal values and amounts of subsidy previously in place expire on this date. In addition, the normal values and amounts of subsidy determined on the basis of the re-investigation will be applied to any entries of subject goods under appeal that have yet to be re-determined at the time of the conclusion of this re-investigation.

Where a producer or exporter becomes aware that there have been substantial changes to domestic prices, market conditions or costs associated with production and sales of subject goods, the CBSA should be advised in order that normal values can be reviewed and updated if required, to reflect current conditions. Similarly, the amount of export charges to be deducted from the export price may also need revision to reflect current conditions. Where changes have occurred and the CBSA has not been advised in a timely manner, the extent of these changes could warrant retroactive assessments of anti-dumping duties.

Importers are reminded that it is their responsibility to calculate and declare their anti-dumping and countervailing duty liability. If importers are using the services of a customs broker to clear importations, the brokerage firm should be advised that the goods are subject to anti-dumping and countervailing measures and be provided with sufficient information necessary to clear the shipments. To determine their liability for anti-dumping and countervailing duty, importers should contact the exporters to obtain the applicable normal values and amounts of subsidy. For further information on this matter, refer to Memorandum D14-1-2, Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established Under the Special Import Measures Act to Importers, on the CBSA’s Web site at: www.cbsa-asfc.gc.ca/publications/dm-md/d14-eng.html.

The Customs Act applies, with any modifications that the circumstances require, with respect to the accounting and payment of anti-dumping and countervailing duties. As such, failure to pay the duties within the prescribed time will result in the application of the interest provisions of the Act.

Should the importer disagree with the determination made on any importation of goods, a request for re-determination may be filed with the Director General, Trade and Anti-dumping Programs Directorate, Ottawa, Ontario, K1A 0L8. Such a request must be received within 90 days from the making of the determination in the form and manner outlined in Memorandum D14‑1‑3, Procedures forMaking aRequest for aRe-determination or an Appeal of Goods Under the Special Import Measures Act, on the CBSA’s Web site at: www.cbsa-asfc.gc.ca/publications/dm-md/d14-eng.html.

APPENDIX 1

PRODUCT DEFINITION

For the purpose of this re-investigation, subject goods are defined as solder joint pressure pipe fittings and solder joint DWV pipe fittings, made of cast copper alloy, wrought copper alloy or wrought copper, for use in heating, plumbing and ACR applications, originating in or exported from the United States, the Republic of Korea and China, restricted to the products enumerated in the appendix to the Canadian International Trade Tribunal’s (Tribunal’s) orders (Expiry Review No. RR-2011-001) issued on February 17, 2012. A copy of the appendix of the Tribunal’s orders can be found in Appendix 2 of this notice.

Additional Product Information

Solder joint copper pipe fittings are used to connect copper pipes, tubes or other fittings to one another. The methods of joining copper fittings include soldering, silver brazing and epoxy or similar gluing techniques. The connections are made by fitting two pieces together and heating the ends of the tubing and fitting, and filling the gap between the two with melted solder which solidifies on cooling to form a strong, leak proof connection. The fittings can also be used to connect copper tubing to other metal systems by use of threaded fittings. However, at least one end of a fitting is always soldered. Finally, the connection can also be made using epoxy or similar gluing methods.

Solder joint copper pipe pressure fittings may be used in conveying liquids (e.g. potable water), gases and air under pressure in residential, industrial, commercial and institutional buildings. Copper pipe pressure fittings are also used in a variety of air-conditioning and refrigeration (ACR) applications. The types of fittings used in air conditioning applications are typically identified by reference to their outside diameters, whereas the same fittings used in non-air conditioning applications such as plumbing and heating are typically identified by reference to their inside or “nominal” diameters. Apart from the reference to diameter, a fitting for an air conditioning application is the same as a fitting for a non-air conditioning application.

Solder joint copper pipe drainage, waste and vent (DWV) fittings are used primarily to convey waste from buildings to sewers and for venting purposes under low-pressure conditions.

Female and male adaptors are used to connect a copper tube to an iron pipe or a water heater. Other adapters include ferrules that are used to join a copper tube to a cast-iron pipe in older installations. Bushings are used to reduce the diameter of other fittings. Couplings are used to join tubes of either the same size or two different sizes to make longer runs through buildings. Elbows are used to change the direction of a copper tube. Flanges and unions are used to provide a connection that can be either unscrewed or unbolted for maintenance or repairs. Tees are used to allow a copper line to be split into two separate lines. There are pressure tees and drainage tees; TY’s (90°) and Y’s (45°). Traps are used to trap water to prevent sewer gases from coming back into a building.

Cleanouts are used to provide access to drainage systems in case of blockage; and caps are removable plugs used to permit inspection and access for the purpose of clearing an obstruction.

The subject goods are properly classified under the Harmonized System (HS) Heading

APPENDIX 2

Products Covered by the Tribunal's Orders

The tables to this appendix list, by product category, the copper pipe fittings that are covered by the Tribunal's orders. Where an asterisk (*) follows a specific copper pipe fitting description, it indicates that both wrought and cast copper pipe fittings are covered by the Tribunal's orders.

Copper pipe fittings are identified in terms of imperial measurement, i.e. inches. However, the metric equivalents of the imperial measurement are also covered by the Tribunal's orders. The term "metric equivalent" refers to those copper pipe fittings that are soft converted equivalents of the imperial-sized copper pipe fittings and does not include fittings that are made specifically in metric dimensions. Copper pipe fittings are also identified in terms of nominal size.

Copper pipe fittings are identified in the tables to this appendix using the following abbreviated terms: